Posture Massage Waiver

Why You’re Reading This Document

The purpose of this release and waiver (the “Waiver”) is to openly communicate the risks associated with our massage services and have you release Posture of any liability. Please be aware that if you do not sign this Waiver and agree to its terms, we will not be able to benefit from Posture’s services.

If you are under the Age of Majority in the State of Connecticut (18 years old), your legal guardian must also sign this Waiver on your behalf.

PLEASE READ CAREFULLY, UNDERSTAND FULLY, AND ASK QUESTIONS IF ANYTHING IS UNCLEAR. WE ARE HERE TO SUPPORT YOU. MAKE SURE YOU UNDERSTAND THIS WAIVER. BY SIGNING THIS YOU AGREE YOU ARE SIGNING AWAY YOUR LEGAL RIGHTS AND YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS AGREEMENT.

1. Parties. We will refer to Julie Tracy, a Sole Proprietorship registered in the State of Connecticut as “Posture”, “us” or “we” or “our”, and we’ll refer to you, the undersigned (electronically or by hand) or person who has clicked “I Agree” to this Waiver, as “you” or “your”.
   
   
2. The Services. While with us at Posture, you may receive the following services:
   
   2.1. Body correction massages, including lymphatic drainage, brain therapy, visceral manipulation and structural integration (the “Services”). This list is not exclusive. The Services will involve hands-on assists and adjustments. If you have any questions about what the Services entail, please ask us before signing this.
   
   2.2. The Services also apply to any of the Services made available for online streaming and participation or that take place outside of Posture’s facilities, including outdoors or at your home.
   
   
3. Inherent Risks. You understand that receiving the Services poses inherent risks and potential side effects, some more obvious/serious than others. These risks can result in serious harm and injuries that could change your quality of life, so we want you to be aware of them beforehand.
   
   3.1. Potential side effects and injuries include but are not limited to things like: muscle tears, muscle strains and other musculoskeletal injuries, bruising, blood clots, nerve injury, scarring, redness, swelling, tenderness, hyperpigmentation, bleeding, soreness, headaches, dizziness, fatigue, fainting, bone fractures, and infection.
   
   3.2. Exposure to and contraction of COVID-19 or other communicable diseases passed on via other participants and use of shared space, surfaces, or equipment.
   
   3.3. There are additional risks posed by receiving the Services outside of Posture’s facilities, as this is a different environment. You acknowledge that where you agree to receive the Services outside of Posture’s facilities you accept the increased and additional risks that come with this setting.
   
   3.4. There may be other reasonable risks posed for Services performed outdoors, such as sun exposure and risk of dehydration, insects, exposure to infections, diseases, pollutants as well as other environmental factors. You understand and agree that Posture is not responsible for any injuries caused as a result of performing the Services outdoors.
   
   3.5. If you are pregnant or recently gave birth, there are additional risks to your body and to the health of your fetus, including but not limited to miscarriage, low birth weight, or early delivery.
   
   
4. Affirmation of Health. By agreeing to receive the Services, you affirm that you have sought medical advice and consulted with your primary care physician to determine that these are the right treatments for you and do not pose a significantly increased risk to your health. If you have any pre-existing medical conditions, physical injuries, weakness, are pregnant or post-natal, you should consult with your doctor first before engaging with the Services and you must fully inform us about any such conditions before participation. Please communicate and inform us IMMEDIATELY if at any point you do not feel well during the Services.
   
   
5. COVID-19 / Infectious Disease. Amidst the current developments surrounding communicable diseases, you acknowledge that every time you come to Posture to receive the Services you are affirming that you are healthy and that you do not present an increased risk due to COVID-19 or other infectious diseases. If at any point within 14 days prior to receiving the Services, you have suffered from symptoms of a communicable disease (including but not limited to fever, chills, cough, shortness of breath, or sore throat), been in close contact with someone with a known or suspected case or in a hot spot area, or else are uncertain of your health or risk of transmission, you agree not to visit our business or seek our Services and you should consult with your doctor. You agree to update us regarding your health or risk factor and to comply with all measures and policies implemented by Posture and applicable public health guidelines (federal, state/provincial, local, CDC and others) as updated, including but not limited to wearing masks, personal hygiene and social distancing, and taking your temperature or allowing it to be checked before entering Posture’s place of business. We are all in this together and it is important to follow guidelines, act responsibly and with care towards one another in order to ensure everyone’s safety!
   
   5.1. Consent to Cooperate with Contact Tracing. You understand and agree that Posture may disclose your personal information to the relevant authorities as required by law and policies related to the containment of COVID-19 through contact tracing or for other lawful purposes.
   
   
6. Voluntary Assumption of Risk. You have read this Waiver and understand the risks of receiving the Services provided by Posture. Your signature below, electronic signature or clicking 'I Agree’, and your acceptance of the Services Posture illustrates your voluntary engagement and assumption of the risks of the Services.
   
   
7. Media Release. We think you’re awesome and want to show you off! By signing this Waiver, you agree to grant us the irrevocable right to use your image, likeness, photos, video content, and audio recordings captured of you at our facilities, during the Services or that you share with us online (via your own or others posting of you) as part of our online streaming, marketing and sales throughout the world and in perpetuity. You also release us from all claims you may have relating to such use. Please let us know If you ever want us to stop using an image of you.
   
   
8. Release, Waiver and Indemnity. You hereby release, hold harmless, indemnify and waive any claims against Julie Tracy, and Posture’s contractors, employees, volunteers, agents, executors, administrators, successors, family members and assigns (the “Released Parties”) from any liability and damages arising from death or personal injuries, including the contraction of COVID-19 or other communicable diseases, however caused including as a result of Posture’s negligence, during the Services at Posture. You are releasing the Released Parties at your own risk and you agree to forfeit any and all forms of legal recourse which may be available to you, including but not limited to any form of damages, as a result of your undertaking of the Services. You agree that these provisions above apply to you, your family, heirs, executors or anyone else who may be able to bring a legal action on your behalf in the future.
   
   
9. Continued Agreement. Agreement to this Waiver will act as your continued agreement to all ensuing treatments, workshops and Services whether in person (inside or outside), online, or via video conferencing tool.
   
   
10. Valuables. You agree that we are not responsible for the loss or damage of any personal property you bring or leave at Posture.
    
    
11. General Legal Provisions. Jurisdiction. This Waiver will be governed exclusively by the laws of the State of Connecticut. Severability. If any provisions of this Waiver are invalid or unenforceable, the other provisions in the Waiver will remain in full force and effect. Entire Agreement. This Waiver constitutes the entire agreement between the parties and replaces any prior agreements. Headings. The headings used in this Waiver are for stylistic purposes only and none of the content in the headings are intended to be legally binding. Online Agreement. We agree that this Agreement may be signed electronically or agreed to by having you click “I Agree”, the effect of which will be the same as signing by hand and the intention of which is that both parties desire to be bound by all the terms of the Agreement.

You agree that you have read this Waiver and fully understand its contents and voluntarily agree to be bound to all of its terms.

Thank you for communicating honestly with us. We look forward to welcoming you at Posture!